Criminal Defense Success Stories for Clients in Cleveland and Ohio
Client’s two-car attached garage caught fire, causing significant property damages in excess of $100,000.00. Fire department and insurance company launched investigations into the cause of the fire. ZLM successfully represented Client, who was ultimately not charged with arson. Further, insurance company ultimately paid the property damage claim.
During trial, ZLM successfully obtained DISMISSAL OF ALL COUNTS for Client charged with two counts of Rape, two counts of Gross Sexual Imposition, two counts of kidnapping, and two counts of sexual battery, following Motion to Dismiss based on destruction of evidence by State of Ohio. The State of Ohio appealed the trial court’s DISMISSAL of the case and ZLM successfully won the appeal, with the appellate court affirming the DISMISSAL of all charges as ordered by the trial court. The State of Ohio sought leave to appeal from the Ohio Supreme Court. Again, ZLM attorneys prevailed again, and the Supreme Court of Ohio declined to review the case. Thereafter, ZLM successfully filed a lawsuit against the detective and complaining witness, amongst others, and successfully negotiated a six-figure financial settlement in Client’s favor.
ZLM successfully defended Client, Captain of a Police Department, who was charged with raping his infant daughter after he caught his wife cheating on him. The wife instituted divorce proceedings and fabricated the charges against Client. The grand jury returned an indictment, charging the Client with rape – which carried with it a life sentence if Client was convicted. The State of Ohio’s expert witness opined that the rape charge was supported by physical evidence – an alleged injury to the infant daughter’s hymen. ZLM obtained independent expert witness who opined that the alleged hymen injury was nothing more than a naturally occurring cleft. ZLM was able to establish that the false testimony of the State of Ohio expert witness, presented to the grand jury, constituted prosecutorial misconduct, which led to DISMISSAL of all charges.
ZLM obtained DISMISSAL of Client’s attempted rape and abduction charges, after ZLM uncovered and established that Client had been set up by complaining witness and her husband in a scheme to have the Client arrested and charged with crimes. The scheme included luring Client to residence on false pretenses, then having complaining witness’ husband “defend” his wife by attacking Client and chasing him from home. ZLM not only convinced prosecuting attorney to DISMISS all charges against Client, prosecuting attorney indicted complaining witness and husband. ZLM also sued and obtained judgment against complaining witness and husband in an amount in excess of 1.5 million dollars.
Law enforcement officers, using the “Grindr” app, engaged in a text conversation with Client, during which law enforcement officer posed as an underage person. When Client responded to the “residence” of the undercover officer, Client was arrested and subsequently charged with Attempted Unlawful Sexual Conduct With a Minor, Importuning, and Possessing Criminal Tools, all felony offenses. ZLM aggressively attacked the credibility of the undercover officer by obtaining his personnel file and discovering disciplinary actions had been taken against the officer. ZLM further discovered that certain evidence had been lost or destroyed by law enforcement, including the fake “Grindr” profile page. As a result of ZLM’s representation, ZLM successfully negotiated a plea agreement involving no felony conviction and no sexually oriented offense conviction – Client entered a plea of guilty to a misdemeanor charge of Possession of Criminal Tools, and the sexually oriented charges were dismissed. As a result, the Court imposed a small fine, and no jail or probation was ordered.
ZLM successfully defended father falsely accused of raping his minor child. Father and mother engaged in a contentious divorce, during which mother falsely accused father of raping their minor child. Through fast investigation, Client passing a private polygraph examination and use of medical and psychological records, ZLM convinced the prosecutor to not charge Client with a rape charge that would have resulted in a life sentence, if convicted. Several years later, mother again falsely reported rape charges against father during a custody battle. Again, ZLM convinced the prosecutor to not proceed with criminal prosecution of Client based upon mother’s manipulations of the legal system.
ZLM Client charged with Sexual Imposition and facing deportation if convicted. ZLM successfully defended Client at trial by attacking credibility of complaining witness and establishing possibility of complaining witness’s financial motivation to fabricate allegations. Client found NOT GUILTY of all charges following jury trial.
ZLM client charged in two separate Indictments with multiple counts of Rape, Kidnapping, Felonious Assault, Robbery, Felony Domestic Violence and Endangering Children. Each Indictment also included Notices of Prior Convictions and Repeat Violent Offender Specifications, which increased the potential prison time upon conviction by twenty years. From the onset, ZLM took the position that the charges were the product of false allegations being made against the client by his jealous, vindictive ex-girlfriend. ZLM mounted an aggressive defense to the charges which included interviews of multiple witnesses, issuance of dozens of subpoenas for evidence, including 911 calls, police reports, text messages, photographs and other records, as well as the submission of public record requests. Ultimately, ZLM discovered that the complaining witness had lied to the authorities several times in the past and made multiple, previous false allegations of assault against Client. Through pre-trial disclosures and filings, ZLM provided all of the information uncovered through its investigation to the Prosecutor’s office. Ultimately, due to ZLM’s aggressive defense, on the day of trial, ZLM secured a dismissal of all charges against the Client.
ZLM Client charged with Gross Sexual Imposition and Kidnapping with Sexual Motivation Specification found NOT GUILTY of all charges following jury trial.
ZLM successfully defended Client charged with Rape by finding and obtaining police incident reports establishing that complaining witness had a documented history of mental health issues and had previously made unsubstantiated claims to law enforcement. Using said records to cross-examine complaining witness, ZLM further established mental health treatment history. Client found NOT GUILTY following jury trial.
ZLM obtained DISMISSAL of Client’s felony kidnapping and gross-sexual imposition charges that were based on false allegations made by Client’s ex-wife and adopted teenage daughter. Through extensive investigation, ZLM was able to establish that wife and adopted daughter fabricated allegations against Client. After proving that Client’s daughter and ex-wife lied about the allegations, ZLM obtained a DISMISSAL of all charges. Thereafter, ZLM sued ex-wife, adopted teenage daughter, and others and negotiated a $100,000.00 civil settlement.
ZLM Client was facing the possibility of decades in prison, having been charged with 1 count of Sexual Imposition, 24 counts of Unlawful Sexual Conduct With a Minor, and 1 count of Disseminating Matter Harmful to a Juvenile. Through cross-examination, ZLM established significant flaws in investigation and further attacked credibility of complaining witness. Following jury trial, 13 counts of Unlawful Sexual Conduct With a Minor were DISMISSED by the Court, the jury ACQUITED Client of 4 other counts of Unlawful Sexual Conduct With a Minor, and the jury hung on remaining counts. Subsequently, pursuant to plea agreement, Client plead to a misdemeanor offense and all remaining counts were dismissed. Client served no time in jail, receiving sentence of only six months of probation.
ZML Client charged with Rape and Kidnapping, among other charges. ZLM attorneys used cell phone text message history and expert witness reports to establish likelihood that sexual conduct was consensual. ZLM attorneys successfully negotiated a resolution involving a plea to non-sexual misdemeanor offenses, avoiding mandatory imprisonment and Client being classified as a sex offender. Thereafter, ZLM successfully petitioned Court to have case sealed.
ZLM Client, a former professional basketball player, was indicted for rape, kidnapping and gross sexual imposition. By establishing through the testimony of other individuals, including a friend of the complaining witness, that the complaining witness engaged in consensual sexual activity with ZLM’s Client, all charges were dismissed by the prosecutor prior to trial.
ZLM attorneys were referred Client under investigation for felony unlawful sexual conduct with a minor. ZLM attorneys immediately contacted prosecuting attorney and learned that case was scheduled to be presented to the county grand jury the next day. ZLM convinced the prosecuting attorney to postpone the grand jury presentment. ZLM attorneys immediately investigated the case and prepared a mitigation package to present to the prosecuting attorney. Ultimately, ZLM attorneys were able to convince the prosecuting attorney to not seek a felony indictment and instead, a non-sexual offense misdemeanor plea agreement was negotiated. The non-sexual misdemeanor conviction was subsequently sealed.
ZLM convinced prosecutor to amend client’s misdemeanor voyeurism offense to a disorderly conduct offense based on issues raised in motion to suppress evidence that challenged the police officers’ warrantless search and seizure of the client’s cell phone. Client had been accused by a mall patron of positioning his cellphone as he rode up an escalator to record and/or photograph underneath the skirt of a woman that was riding in front of him. Due to the amendment of the client’s voyeurism offense, the Client avoided the possibility of being classified as a sex offender.
ZLM Client charged with felony tampering with evidence and voyeurism. ZLM filed Motions to Suppress, asserting that statements were unconstitutionally obtained from Client by law enforcement and asserting that a search warrant to search the contents of Client’s cell phone violated the particularity clause of the Fourth Amendment. As a result of ZLM’s efforts, as well as mitigating evidence obtained by ZLM and delivered to the prosecuting attorney, ZLM successfully persuaded the prosecution to dismiss the felony tampering with evidence charge and to amend the voyeurism charge to a non-sexual misdemeanor offense, thus avoiding the possibility of Client being classified as a sex offender. Client received a sentence of probation.
ZLM convinced prosecutor to dismiss multiple charges of voyeurism and a charge of illegal use of a minor in nudity-oriented material and to permit the client to plead to a non-sexual, attempted tampering with evidence offense based on issues raised in a Motion to Suppress filed by ZLM that challenged the validity of a search warrant that law enforcement officers obtained to search the client’s cellphone. Client had been accused by a security officer of taking “up-skirt” photographs of an unsuspecting juvenile female. Due to the dismissal of the above charges, the Client avoided the possibility of being classified as a sex offender.
ZLM Client, 18 years of age, faced the possibility of decades in prison for possession of child Pornography, however, ZLM convinced prosecuting attorney to charge Client as a juvenile, thus avoiding a possible prison sentence. In Juvenile Court, ZLM attorneys identified numerous problems within Affidavit for Search Warrant and filed a Motion to Suppress. As a result of ZLM’s representation, ZLM successfully negotiated plea agreement whereby Client entered an admission to two (2) counts of possessing criminal tools and remaining charges were dismissed. As a result, Client served no time in jail or juvenile detention, was not classified as a sex offender, and was sentenced to a short term of probation. Within one year of the plea, ZLM successfully petitioned the Court to seal Client’s juvenile adjudication, and the case was deemed not to have occurred.
Client’s two-car attached garage caught fire, causing significant property damages in excess of $100,000.00. Fire department and insurance company launched investigations into the cause of the fire. ZLM successfully represented Client, who was ultimately not charged with arson. Further, insurance company ultimately paid the property damage claim.
During trial, ZLM successfully obtained DISMISSAL OF ALL COUNTS for Client charged with two counts of Rape, two counts of Gross Sexual Imposition, two counts of kidnapping, and two counts of sexual battery, following Motion to Dismiss based on destruction of evidence by State of Ohio. The State of Ohio appealed the trial court’s DISMISSAL of the case and ZLM successfully won the appeal, with the appellate court affirming the DISMISSAL of all charges as ordered by the trial court. The State of Ohio sought leave to appeal from the Ohio Supreme Court. Again, ZLM attorneys prevailed again, and the Supreme Court of Ohio declined to review the case. Thereafter, ZLM successfully filed a lawsuit against the detective and complaining witness, amongst others, and successfully negotiated a six-figure financial settlement in Client’s favor.
Client’s two-car attached garage caught fire, causing significant property damages in excess of $100,000.00. Fire department and insurance company launched investigations into the cause of the fire. ZLM successfully represented Client, who was ultimately not charged with arson. Further, insurance company ultimately paid the property damage claim.
DISCLAIMER:
The content of this website is intended to convey general information about Zukerman, Lear & Murray Co., L.P.A. It should not be relied upon as legal advice, nor is any of the content legal advice. The content in this website is not an offer to represent the reader thereof, nor is it intended to create an attorney-client relationship.
TESTIMONIALS DISCLAIMER:
The client testimonials contained in this website are not intended to lead the reader thereof to form an unjustifiable expectation that the same results will be obtained for other clients or the reader in similar matters. Each case is unique and each case has its own unique facts and circumstances. Further, each client is unique and each client has his or her own unique background. Accordingly, the testimonials contained herein are not intended to guarantee a similar result for other clients or the reader.
PAST SUCCESSES DISCLAIMER:
The listing of past ZLM successes contained in this website is not intended to lead the reader thereof to form an unjustifiable expectation that the same results could be obtained for other clients or the reader in similar matters. Each case is unique and each case has its own unique facts and circumstances. Further, each client is unique and each client has his or her own unique background. Accordingly, the listing of contained herein are not intended to guarantee a similar result for other clients or the reader.
Zukerman Lear & Murray Co. LPA criminal defense law firm handles criminal defense cases in the counties of Ashland, Ashtabula, Carroll, Columbiana, Cuyahoga, Geauga, Lake, Lorain, Mahoning, Medina, Portage, Richland, Stark, Summit, Trumbull and Wayne, and the cities of Akron, Ashland, Ashtabula, Bedford, Berea, Brunswick, Canton, Chardon, Cleveland, Cleveland Heights, Elyria, Euclid, Garfield Heights, Lakewood, Lorain, Lyndhurst, Mansfield, Medina, Mentor, Painesville, Parma, Rocky River, Shaker Heights, Wadsworth, Warren, Willoughby, Wooster, and Youngstown.
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